Legal Framework

Transport is a devolved matter and is therefore the responsibility of the Scottish Parliament. Section 74 of the Transport (Scotland) Act 2001 provides the legal framework for Home Zones in Scotland and gives local authorities the power to designate Home Zones.

The full text of Section 74 of the Scottish Act is as follows:

1. A local traffic authority may, with a view to implementing measures for securing any of the purposes mentioned in subsection (2) below, designate as a Home Zone any road for which they are the traffic authority.
2. The purposes mentioned in subsection (1) above are:
   (a) to improve the safety of persons using the road or any area in the vicinity of the road;
   (b) to improve or preserve the environment through which the road runs;
   (c) to improve the facilities provided on, or in the vicinity of, the road in such a way as to bring benefits to any persons using the road (not being persons using motor vehicles); and
   (d) to any extent to implement their transport policies.
3. Where a local traffic authority has, by virtue of subsection (1) above, designated a road they shall prepare and publish a report on the measures (if any) they have implemented for securing the purpose or purposes for which the designation was made.
4. The Scottish Ministers may by regulations make provision for or in connection with:
   (a) specifying the roads, or classes of road, that may be designated;
   (b) the procedure to be followed when making, varying or revoking designations (including provision as to consultation);
   (c) the confirmation of designations by them;
   (d) the preparation of reports under subsection (3) above; and
   (e) the times at which and manner in which such reports are to be published.
5. In this section 'transport policies', in relation to a local traffic authority, means the policies formulated from time to time under Section 63(2)(b) of the 1985 Act by the local authority.

The Act requires local authorities to publish a report describing the measures they have employed to meet the purpose listed in (2) above.

The Act allows Scottish Ministers to make regulations setting out the procedures that local authorities should follow when creating Home Zones. These comprise the Home Zones (Scotland) (No 2) Regulations 2002.

Copyright

S74 of the Transport (Scotland) Act 2001 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.

Home Zones (Scotland) (No. 2) Regulations 2002

The Home Zones (Scotland) (No. 2) Regulations 2002 define a series of steps that local authorities must follow during the creation of a Home Zone. Only roads that are Class C or unclassified and with a system of street lighting may be included within Home Zones. Click here to read more.